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NEPAL: Dalit woman assaulted, publicly humiliated and forced to eat human excreta

April 6, 2009

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-038-2009



7 April 2009
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NEPAL: Dalit woman assaulted, publicly humiliated and forced to eat human excreta

ISSUES: Caste-based discrimination; breakdown of rule of law; police inaction
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Jagaran Media Center (JMC), a human rights organisation in Nepal concerning the case of a Dalit woman who was assaulted, publically humiliated and forced to eat her own excreta by the villagers. It is reported that Mrs. Kalli Kumari was accused of practising witchcraft by the villagers, who confined Kumari in a room for two days, tortured and forced her to confess that she practiced witchcraft.

CASE DETAILS

Kalli Kumari B.K is aged 45 years and is a Dalit woman. On March 20, Kumari was accused of practicing witchcraft by the villagers, and was mercilessly beaten up and forced to eat her own excreta in public. Kumari is the resident of Pyutar-07, Thangsingtole, Lalitpur district of Nepal, a neighbouring district of Kathmandu, about 40 kilometres away from the capital city. Ms. Bimala Lama, a member of the indigenous community in the village and the Headmistress of the Gadhibhanjyang Primary School, thrashed and force-fed Kumari her own excreta in the presence of the villagers.

Kumari was kicked, punched and hit with a stone by Bimala Lama, her sister and others who shouted, "a witch should be killed like this." Kumari sustained severe injuries in the incident, particularly on her nose, mouth and forehead. Kumari was accused of practicing witchcraft on Bimala, her daughter and other villagers. Bimala also received support from the local Shaman, Sunwar Lama. The villagers also threatened Kumari's husband that if he spoke in support of his wife, he would also face the same treatment.

Prior to the incident, Kumari and her husband were confined in a room in one of Bimala's relatives for two days. There, they tortured Kumari and forced her to accept that she was a witch.

"I accepted that I am a witch when they threatened to chop my breasts using blades," said Kumari after she was rescued by the staff members of the JMC. When JMC rescued Kumari, they found that her inner and outside garments have been cut using blades by the mob. Kumari was made to agree that some animals in the village died because she practiced witchcraft upon them. Kumari also informed JMC that she had to sign an agreement, taking responsibility for the death of the animals that may die in the village in the future.

Kumari filed a case at the Area Police Office - Ashrang on March 23, but the police have failed to arrest the victims. In spite of the pressure generated by the Dalit organisations and civil society groups, the Chief District Officer (CDO) and Superintendent of Police (SP) of Lalitpur district claim that they are searching for the culprits and their efforts to arrest the accused were foiled by the protesting villagers.

Coming to know about the incident the JMC along with the representatives from different human rights organisations and the media, went to Pyutar on March 25 accompanied by the representatives from the National Dalit Commission, National Women's Commission and a Dalit member of the Constitutional Assembly. The team, after seeing the hostile environment posed by the villagers rescued Kumari, her husband Chet Bahadur, and her 17-year-old daughter. The villagers tried to attack them with stones and sticks. Kumari and her family are sheltered in Maiti Nepal, a NGO working for the rights of women, in Kathmandu.

A meeting was organised in the premises of the National Women's Commission where the representatives of Dalit civil society and other organisations were present. The meeting formed a working committee to help the victim and her family. A press conference was organised at the National Women’s Commission in which Kumari narrated the details of her ordeal. The participants were overwhelmed after listening to her narrative. The following day, news was disseminated through newspapers, radio and television channels.

The working committee formed to support Kumari with her case approached the CDO on March 29 to request the officer to arrest the culprits, obtain compensation and to assist in resettling the victim's family. The committee requested the CDO that his office should ensure that the culprits are arrested within a week's time. However the authorities have failed to do so. The committee has decided to take further actions if the culprits are not arrested.

In the meanwhile, Kumari is provided medical care by the JMC, which in fact is the responsibility of the government. But the government has failed to do so. It appears that the authorities are failing to take any action because the Lama is the dominant community in Pyutar village and further, due to the caste prejudice entertained by the authorities in Nepal. It is common in Nepal, for the members of the Dalit community to be accused of witchcraft. Additionally, the Dalits are considered to be of less significance and lower in status in the country due to caste-based discrimination.

SUGGESTED ACTION:
Please write letters to the authorities listed below, urging them to take immediate actions in this case, in particular to arrest the culprits, record a statement of the victim and further to provide protection to the victim until a case registered upon the crime is decided by a competent court.

The AHRC is also writing a separate letter to the UN Special Rapporteur on violence against women, its causes and consequences calling for intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear _________,

NEPAL: The case of Dalit woman forced to eat human excreta must be investigated

Name of victims:
1. Mrs. Kalli Kumari, aged 45 years, Pyutar-07 village, Thangsingtole, Lalitpur district, Nepal
2. Mr. Chet Bahadur, Pyutar-07 village, Thangsingtole, Lalitpur district, Nepal
Name of alleged perpetrators:
1. Bimala Lama, Pyutar-07 village, Thangsingtole, Lalitpur district, Nepal
2. Sunwar Lama, Pyutar-07 village, Thangsingtole, Lalitpur district, Nepal
Date of incident: 18-20 March 2009

I am writing to express my concern about the case of Mrs. Kalli Kumari B.K who was forced to eat human excreta on 20 March 2009 at Pyutar-07 village, Thangsingtole, Lalitpur district, Nepal.

I am informed that Kumari is a Dalit woman and it is one of the reasons why the villagers accused her of being a witch. I am informed that on March 20, Kumari was accused of practicing witchcraft by the villagers, and was mercilessly beaten up and forced to eat her own excreta in public. It is reported that Ms. Bimala Lama, a member of the indigenous community in the village and the Headmistress of the Gadhibhanjyang Primary School thrashed and force-fed Kumari her own excreta in the presence of the villagers. I am concerned to know that in spite of repeated requests, the authorities in Nepal have failed to take any action against the culprits involved in this case. I am of the opinion that such failure is not only a failure of the state responsibility to punish crime, but further promotes impunity against the acts of discrimination against the Dalits in this case in a most inhuman form, to continue unabated in Nepal.

Kumari was thrashed, kicked, punched and hit by a stone by Bimala Lama, her sister and others accusing her, that, "a witch should be killed like this". Kumari reportedly sustained severe injuries on her nose, mouth and forehead and other parts of the body. Kumari was accused of practicing witchcraft on Bimala, her daughter and other villagers. For this, Bimala received support from the local Shaman, Sunwar Lama. The villagers also threatened Kumari's husband that if he spoke in support of his wife, he would also face the same ordeal.

Prior to the incident, Kumari and her husband were confined in a room in one of Bimala's relatives for two days. There, they tortured Kumari and forced her to accept that she was a witch.

When the staff members of the Jagaran Media Center (JMC) rescued Kumari, they found that her inner and outside garments were torn by blades. Kumari also informed JMC that she had to sign an agreement, taking responsibility for the death of the animals that may die in the village in the future.

I am aware that Kumari has filed a case at the Area Police Office--Ashrang on March 23, but I am informed that the police have failed to arrest the victims. In spite of the pressure generated by the Dalit organisations and civil society groups, I am informed that the Chief District Officer (CDO) and Superintendent of Police (SP) of Lalitpur district have failed to arrest the culprits.

I am further informed that the JMC along with different organisations and the media, went to the Pyutar on March 25, accompanied by the representatives from the National Dalit Commission, National Women's Commission and a Dalit member of the Constitutional Assembly. The team after seeing the hostile environment posed by the villagers rescued Kumari, her husband Chet Bahadur, and her 17-year-old daughter though the villagers tried to attack the team with stones and sticks. Kumari and her family are now sheltered by Maiti--Nepal, a NGO working for the rights of women, in Kathmandu.

A working committee formed to support Kumari has approached the CDO on March 29 to request the officer to arrest the culprits, obtain compensation and to assist in resettling the victim's family. However the authorities have failed to arrest the culprits in the case.

I therefore request you to ensure that:

1. the police record the statement of the victims;

2. the police conduct an impartial investigation in the case based on the statement;

3. the police arrest the perpetrators and bring them to trial before a competent court, and;

4. the authorities provide medical and other forms of assistance to the victim to help the family to relocate to a safer village.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432 (Secretary to IGP)
E-mail: ranaob@nepalpolice.gov.np or info@nepalpolice.gov.np

2. Mr. Raghav Lal Vaidya
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
E-mail: attorney@mos.com.np

3. Ms. Pampa Bhusal
Minister for Women, Children and Social Welfare
Singha Durbar
Kathmandu
NEPAL
Fax: +977 1 4241516

4. Ms. Nainkala Thapa
Chairperson
National Women's Commission
Bhadrakali Plaza
Kathmandu
NEPAL
Fax: +977 1 4256783

5. Mr. Bamdev Gautam
Minister of Home Affairs
Ministry of Home Affairs
Singha Darbar, Kathmandu
NEPAL
Fax: +977 1 4211264 or 4211232
Tel: +977 1 4211261, 4211212, 4211274, 4211249 or 4211224

6. Mr. Dev Gurung
Minister of Law, Justice and Parliamentary Affairs
Ministry of Law, Justice and Parliamentary Affairs
Singha Durbar, Kathmandu
NEPAL
Fax: +977 1 4220684
Tel: +977 1 4223727, 4224633 or 4220672

7. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

8. SSP Mr. Binod Singh
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
E-mail: hrcell@nepalpolice.gov.np

9. Mr. Richard Bennet
OHCHR Representative
OHCHR, United Nations, PO Box 107
Kathmandu
NEPAL
Fax: +977 1 4670712 or 4670713

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-038-2009
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.